California Code of Civil Procedure 2029.300 – (a) To request issuance of a subpoena under this section, a …
(a) To request issuance of a subpoena under this section, a party shall submit the original or a true and correct copy of a foreign subpoena to the clerk of the superior court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this section does not constitute making an appearance in the courts of this state.
(b) In addition to submitting a foreign subpoena under subdivision (a), a party seeking discovery shall do both of the following:
Terms Used In California Code of Civil Procedure 2029.300
- Action: includes a civil action and a special proceeding of a civil nature. See California Code of Civil Procedure 2016.020
- County: includes "city and county. See California Code of Civil Procedure 17
- Court: means the trial court in which the action is pending, unless otherwise specified. See California Code of Civil Procedure 2016.020
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
- State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
- Subpoena: A command to a witness to appear and give testimony.
(1) Submit an application requesting that the superior court issue a subpoena with the same terms as the foreign subpoena. The application shall be on a form prescribed by the Judicial Council pursuant to Section 2029.390. No civil case cover sheet is required.
(2) Pay the fee specified in § 70626 of the Government Code.
(c) When a party submits a foreign subpoena to the clerk of the superior court in accordance with subdivision (a), and satisfies the requirements of subdivision (b), the clerk shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
(d) A subpoena issued under this section shall satisfy all of the following conditions:
(1) It shall incorporate the terms used in the foreign subpoena.
(2) It shall contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
(3) It shall bear the caption and case number of the out-of-state case to which it relates.
(4) It shall state the name of the court that issues it.
(5) It shall be on a form prescribed by the Judicial Council pursuant to Section 2029.390.
(e) Notwithstanding subdivision (a), a subpoena shall not be issued pursuant to this section in any of the following circumstances:
(1) If the foreign subpoena is based on a violation of another state’s laws that interfere with a person’s right to allow a child to receive gender-affirming health care or gender-affirming mental health care. ?For the purpose of this paragraph, “gender-affirming health care” and “gender-affirming mental health care” shall have the same meaning as provided in § 16010.2 of the Welfare and Institutions Code.
(2) If the submitted foreign subpoena relates to a foreign penal civil action and would require disclosure of information related to sensitive services. For purposes of this paragraph, “sensitive services” has the same meaning as defined in § 791.02 of the Insurance Code.
(Amended by Stats. 2022, Ch. 810, Sec. 2.5. (SB 107) Effective January 1, 2023.)